Brown v. Guarantee Trust & Safe Deposit Co.

Citations

• 128 U.S. 403
• 9 S. Ct. 127
• 32 L. Ed. 468
• 1888 U.S. LEXIS 2230

Syllabus

<p>It is not indispensable that all the parties to a suit in equity should have án* interest in all the matters contained bj, the suit; r£ will be sufficient, in order to avoid tbe objection of mnltifatiousness, if each party has an ‘ interest in some material matters in the suit, and they are connected with the others.</p> <p>To support the objection of multifariousness to a bill in equity, because the ' bill contains different causes of suit against the same person, two things must concur: first, the grounds of suit must be different; second, each ground must be sufficient, as stated, to sustain a bill.</p> <p>Testing tlie bill in this case by these principles, it is Held not to be multi■farious.</p> <p>Time is not of the essence of a contract for the sale of property, unless made so by express stipulation, or unless it maybe implied to be so from the nature of the property, or from the character of the interest bargained, or from the avowed object of the seller or of the purchaser. Applying these principles to the contract which forms the subject-matter of this suit; Held, that time was not of its essence.</p>